➻3.1

2002 Two filed lawsuits in California federal court against the U.S gov because of the use of medical marijuana-had health issues

• Both women used it under supervision and in compliance w/ a California state law 

  • Compassionate Use Act of 1996-act made the use and cultivation of marijuana for medical purposes legal if undertaken under the supervision of a licensed physician and in accordance w/ the state regulation

  • Controlled Substances Act of 1970 (CSA)-was enacted under congress constitutional authority to regulate interstate commerce

Both of these women found themselves stuck that of federalism(the system divides power b/w national and state)

Then the DEA concluded that her cultivation and use of marijuana were permitted under Cali law. Although the federal agents seized and destroyed the plants that she was growing, then they alleged the DEA’s actions violated her civil rights and her rights under Cal Law

➻3.2

There are three dividing powers b/w the national gov and states:

1. Unitary Systems-one central gov exercises authority over the subnational gov(states)

   1. The national gov may delegate(devolve) certain power to the subnational gov, but it has the authority to take it back

2. Confederal systems- subnational governments have more power than national gov

   1. In confederal systems, the national gov is heavily dependent upon the states to carry out and pay for public policies

3. Federal systems-power is divided b/w the states and the national gov

   1. Each level of gov retains some exclusive power and has some power denied

   2. Federal systems have constitutional protection for each level 

Enumerated or expressed powers-refer to those powers granted to the national gov in the constitution and especially to Congress

Exclusive powers-only the national gov may exercise such as the power to coin money, declare war, raise and support army and vay, make treaties, provide for the naturalization of American citizens, and regulate interest and foreign commerce

Implied powers- are not specifically granted to the federal gov. Under the necessary proper clause, congress can make laws to carry out this enumerated power

Besides both, the constitution denies certain powers to the national gov.

Commerce clause-strongly influences modern American federalism and grants Congress the power to regulate commerce w/ foreign Nations.

1. Congress has claimed the authority to define nearly any productive activity as commerce

Necessary and Proper clause-gives Congress the power to make all laws that are necessary and proper for carrying into execution

• This clause is a critical source of power for the national gov, granting Congress the power to legislate as necessary for carrying out its constitutionally granted powers

Supremacy clause-means that the states must abide by the laws passed by Congress

Tenth Amendment-reserves powers not delegated to the national gov to the states and the people; the basis of federalism

• US v. Darby (1941)- the Supreme Court labeled that interpretation of the tenth amendment as a “truism” meaning that it was not supposed to give the states and the decision in Garcia v. San Antonia Metropolitan Transit Authority (1985)--involved Fair Labor Standards Act in paying its workers

Reserved powers-not given to eh national gov which are retained by the states and the people

• Most important of these are police powers, which the state gov uses to protect residents and provide for their safety, health, and general welfare

Concurrent powers-allows national and state authority to overlap. The power to tax is shared by the national and state gov 

• Both can borrow money, although many states place more restrictions on their ability to go into debt than the federal gov 

  Powers denied 

Relationships b/w states (Full faith and credit clause)- requires states to recognize the public acts, records, and civil court proceedings from another state

Extradition-requirement that officials in one state return a defendant to another state where a crime was allegedly committed

Privileges and Immunities clause-prevents states from discriminating against people from out-of-state

➻3.3

Marshall court was McCulloch v. Maryland (1819): The case centered on the second Bank of the United States, a national bank chartered by Congress, whose charter had been left to expire. Several states, including Maryland, passed laws to tax the Second Bank of U.S. Bank officials in Maryland refused to pay the state tax, and the dispute went to the U.S. Supreme Court

• Congress is not limited by its expressed powers under the necessary and proper clause it has the implied authority to take actions needed to carry out its expressed powers

Thirteenth Amendment-constitutional amendment that outlaws slavery

Fourteenth amendment-constitutional amendment that provides that persons born in the U.S are citizens and prohibits states from denying persons due process or equal protection under the law

Fifteenth Amendment- gave African Americans the right to vote 

Plessy v. Ferguson (1896)-a landmark case in restricting the rights of African Americans following the Civil War and asserting states' rights–Supreme Court upheld the constitutionality of legalized racial segregation and the ability of states to pass such laws

Dual federalism-which presumes a distinct, though not complete, segregation b/w the federal and state gov as if both operate side by side w’ relatively little interaction b/w the federal and state gov as if both operate side by side w/ relatively little interaction b/w the two

Selective incorporation-by which fundamental liberties in the Bill of Rights are applied to the states on a case-by-sae basis

Cooperative federalism levels work together in the same areas of public policy. Under this type of federalism, the two levels do not generally play the same roles 

• FDR changed the relationship b/w the states and the national gov, dramatically strengthening the role of the national gov in the economy

  • The expansion of national power under Roosevelt’s New Deal esp. Congress's authority to regulate interstate commerce–permanently altered the relationship b/w the state and national gov

➻3.4

Grants-in-aid: money provided to states by the federal gov to carry out a policy that the national gov has decided is important

Fiscal federalism- the federal gov use of grants-in-aid to influence policies in the states

Categorical grants- in-aid provided to states or local or regional gov for specific policy objectives and w/ certain conditions attached to receiving or spending the funds

• These are important sources of national gov

• They are both a carrot to encourage states to carry out national policy objectives

Unfunded mandates-federal gov requires states to pay for programs w/out providing funds

Block grant-type of grant-in-aid that gives state officials more authority in the disbursement of federal funds

Revenue sharing- occurs when the federal gov apportions tax money to the states w/ no strings attached

Devolution- returns authority for federal programs to the states. Devolution increases states' autonomy in economy and social policy by decentralizing control 

➻3.5

In United States v. Lopez, the supreme Court reaffirmed states’ rights under the Tenth Amendment